Intellectual Property

The primary legislation regulating intellectual property in Russia was passed in 1992. This legislation included laws on the protection of trademarks, software programs and databases, patents, as well as topologies of integrated microcircuits. The Federal Law On Copyright and Neighboring Rights (the Copyright Law) was passed in 1993 and revised in 1995. During 2002 - 2003, significant amendments were made to the Federal Law On Trademarks, Service Marks, and Appellation of Origin of Goods (the Trademark Law), the Patent Law, the Federal Law On Legal Protection of Software Programs and Databases (the Software Law) and the Federal Law On the Legal Protection of Topologies of Integrated Microcircuits.

Any foreign legal entity or individual may use and seek protection for its/his/her intellectual property rights in Russia under these laws, provided that the requirements of these laws are satisfied.

Russia is a signatory to major international treaties on intellectual property rights, including the Universal Copyright Convention, the Berne Convention for the Protection of Literary and Artistic Works, the Paris Convention for the Protection of Industrial Property, the Patent Cooperation Treaty, the Madrid Agreement on the International Registration of Trademarks and the Protocol to the Madrid Agreement.

Patents

An invention is a technical solution in any field related to a product (inter alia, to a device, substance, microbial strain, cell culture of plants and animals) or a process. Patent protection is given to an invention if it is novel, inventive and industrially applicable. The maximum duration of patent protection for an invention is 20 years from the date of the application, subject to payment of annuities. The term of a patent for an invention related to a medicine, pesticide or agrochemical, the use of which is subject to obtaining special permission, may be extended at the request of the patent owner for a period not exceeding five years. The right to obtain a patent belongs to the inventor, his/her employer (in case of an employee's invention) and their assignees. A patent application is filed with the Federal Service for Intellectual Property, Patents and Trademarks ("Rospatent"), which examines it and grants the patent if the invention meets the above-mentioned criteria.

A utility model is a technical solution pertaining to a device. Utility model protection is similar to that of invention with certain limitations and restrictions. A utility model is granted patent protection if it is new and industrially applicable. The term of protection is 5 years from the filing date of the application, and may be extended for an additional three-year period.

An industrial design is an artistic and design solution that determines the external appearance of a product of industrial or handicraft origin. Patent protection is granted for 10 years if the industrial design is new and original. This protection may be extended for additional five years.

Under Russian law it is possible to assign or license an invention, utility model or industrial design that is protected by a patent to another person. Such assignment and license agreements must be registered with the Rospatent. In the absence of such registration, they are deemed null and void.

The patent owner has the sole right to use an invention, utility model or industrial design that is protected by such patent. Without the patent owner's permission, no one is allowed to use a patented object in any way, including importation, manufacture, application, offer for sale, sale, other introduction into commercial interactions or storage for this purpose. Patent infringement entails civil, administrative and/or criminal liability.

Trademarks, Service Marks, and Appellation of Origin of Goods

Under the Russian Trademark Law, trademarks (service marks) are designations, individualizing goods or services of legal persons and individual entrepreneurs. Legal protection of trademarks and service marks is granted by virtue of their registration with Rospatent or by virtue of international agreements to which the Russian Federation is a party. A mark may be represented by a word or words, pictures, three-dimensional signs and other designations or combinations thereof. The trademark may be registered in any color or color combination.

The trademark and service mark protection is granted for a period of 10 years from the filing date of the application and may be renewed during the last year of its validity for subsequent 10 year periods. The trademark and service mark registration is cancelled when its term expires without having been renewed. The trademark and service mark legal protection may be terminated upon a request from any party in respect of all or part of goods and services due to non-use of the trademark or service mark during any uninterrupted three year period counted from the registration date.

Assignments and licenses of trademarks and service marks must be registered with Rospatent. In the absence of such registration, they are deemed null and void.

The appellation of origin of goods is a name constituting or containing a current or historical denomination of a country, settlement, locality or other geographic unit (hereinafter referred to as a "geographic unit") or a derivative of such denomination that has become known as a result of its use with respect of goods the specific features of which are mainly or exclusively determined by natural conditions or human factors which are characteristic of such geographic unit.

The designation which, through representing or containing the name of a geographic place, has entered in the Russian Federation into the public domain as a designation of goods of a certain kind (has become generic), which are not related to the place of their manufacture, are not be deemed to be the appellation of the origin of goods.

Legal protection is given to an appellation of origin of goods based on its registration with Rospatent. An appellation of origin of goods may be registered in the name of one or more persons. Person/persons that have duly registered an appellation of origin of goods obtain a right to use such appellation, provided that the goods manufactured by such person/s satisfy the criteria mentioned above. The right to use an appellation of origin of goods may be granted to any legal entity or individual which produces the goods with the same specific features within the same territory.

The term of protection is for 10 years from the date of the application and may be renewed for subsequent 10 year periods. The owner may not grant licenses for the use of the appellation of origin of goods.

Infringement of rights in a trademark, service mark or appellation of origin of goods entails civil, administrative and/or criminal liability.

Trade Names

Trade names are designations that identify or distinguish different legal entities in exercising of their respective commercial activities.

Legal protection is provided under the Russian Civil Code, respective legislation, stemming from it, and the Paris Convention for the Protection of Industrial Property. The owner of a trade name is empowered to use its trade name, whether registered or not, and to prohibit others from unauthorized use of a trade name.

Copyrights and Neighboring Rights

The Copyright Law protects works of science, literature and the arts (copyright), and grants protection to rights of performers, phonograms producers and organizations of on-air or cable broadcasting (neighboring rights). Copyright protection arises by virtue of creation of work of art without any registration requirements.

The author enjoys moral rights (right of authorship, right in a name, right to public disclosure, right to protect author's reputation) and proprietary rights (right of reproduction, distribution, import, public demonstration, public performance, translation, revision etc.).The moral rights are unalienable and may not be granted to third parties. The proprietary rights to use a copyrighted object may be granted by virtue of exclusive or non-exclusive copyright agreement. Copyright is protected for the lifetime of the author, plus 70 years after his/her death.

Infringement of copyright entails civil, criminal and/or administrative liability.

Software Programs and Databases

General provisions of the Copyright Law also apply to software programs and databases, while specific regulation is provided under the Software Law.

Software programs enjoy protection as literary works, while databases are protected as anthologies. Although registration is not mandatory for protection, an author may voluntarily register its software/database with Rospatent.

A software program or a database is protected for the lifetime of the author(s) plus 50 years after his/her (their) death(s).The right to use a software program may be granted under a software license agreement that may be exclusive or non-exclusive.

Topologies of Integrated Microcircuits

Legal protection is applicable to an original topology of an integrated microcircuit, developed as the result of the author's work. The author enjoys the exclusive right to use the topology as he/she sees fit, including the prohibition of unauthorized use. Property rights in a topology may be transferred fully or partially to others under a written contract.

Although the registration of a topology is not mandatory for its protection, an author may voluntarily register with the appropriate agency. The exclusive right to use the topology is effective for 10 years from the date of its initial use or from the date of the topology's registration, whichever is earlier.

Trade Secrets and Know-How

Under the Russian Civil Code, the information is to be regarded as an official or a trade secret if it presents an actual or a potential commercial value being unknown to third parties, if there is no free access to it on legal grounds and if its owner takes active measures to protect its confidentiality. Persons who illegally obtained information containing an official or a trade secret or know-how are obliged to compensate damages incurred. The same liability is imposed upon employees who have divulged an official or a trade secret in breach of a labor contract and on a party, which has done the same in breach of a civil agreement.

Domain Names

Domain name are registered in Russia on a first-come, first-serve basis by the Regional Network Information Center (RU-CENTER).